[defend your home from foreclosure] Mortgage Electronic Registration Systems (MERS) (ID:4AD328E60008CE70)

[ma...@brifmanlawoffice.com]

[as much a test to see what happens when I respond via email rather than on the group]

 

I have hesitated to challenge MERS.  Not because I think you are wrong in your analysis (althought it is not quite on the mark, I think), but rather because there are just too many cases that say that since MERS is named as the beneficiary and nominee, it has the right to commence the foreclosure.  That hill is very tall.

 

I suspect that it will have to be climbed, though.

 

Perhaps a better way to attack it (although you have to get by a demurrer to do so) is to get the MERS agreement (I think I got it off their website) and see what it is that they are actually a nominee to do.  They have to be appointed as an agent to do something.

 

Another is that unless the successor to the original lender is also a MERS member, how can MERS be its agent.  I can not appoint you as an agent for another.  That relationship requires the other party's consent.  If the successor is not a MERS member, I wonder what that means?

 

Mark

 

 

 

          

 

 

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Dan

 

In a message dated 9/20/2011 6:16:06 P.M. Pacific Daylight Time, djha...@gmail.com writes:

-Tender (Dimock - challenging underlying debt does not require full
tender)

 

My reading of Dimock is that if the Trustee's Deed Upon Sale is void, then no tender is required to cancel the deed.   The reason is that a void deed is a legal claim and not an equitable claim that would require clean hands.

 

Typically you can allege a void deed if the Substitution of Trustee is invalid, such as the wrong entity is doing the substitution.  In Dimock the left hand did not know what the right hand was doing on the Sub.

 

I plan to attack the foreclosure and even a Trustee's Deed if MERS signs the Sub.   There is no MERS.   The person signing on behalf of MERS is just an employee of whatever foreclosure company is working the file.   You can show that this person is not properly authorized by MERS and has no knowledge of any of the facts underlying the Sub.

 

 

 

Robert J. Spitz
Attorney at Law
204 N. San Antonio
Ontario, CA 91762
909 395 0909
Email: tp...@aol.com
Website: Robertspitzlaw.com